Wills and probate in Kansas

Will execution and admission

Kansas requires a written will, except for an oral will that a statute allows. The will is signed at the end and attested by at least two competent witnesses in the testator's presence.

An uncontested self-proved will may be admitted to probate without testimony from a subscribing witness.

A petition to probate a will must state the devisees' and legatees' names, ages and addresses to the extent known, plus the named executor's name and address.

Intestate shares

Under K.S.A. 59-504, a surviving spouse takes all intestate property if the decedent leaves no children or issue of a deceased child. The spouse takes one-half if the decedent leaves a child or such issue.

Under K.S.A. 59-506, if the decedent leaves children or issue of a deceased child and no spouse, all property passes to the surviving children, or equally to them and living issue of a deceased child.

Transfer on death and payable on death

Kansas permits transfer on death deeds for real estate. A recorded deed signed by the record owner naming grantee beneficiaries transfers ownership at the owner's death and needs no consideration.

A payable on death bank account beneficiary's interest does not vest until the owner's death. Vesting is subject to a Department for Children and Families claim under K.S.A. 39-709 if the bank received written notice beforehand.

A Kansas bank that receives notice of the surviving spouse's intent to claim an elective share under K.S.A. 59-6a214 pays the balance of the owner's share to the court, to the extent of the elective share.